Premier Disability Discrimination Attorney in DuPage County, IL

As a premier law firm serving DuPage County, IL, O’Connor | O’Connor provides sophisticated legal counsel to those navigating the complexities of the Americans with Disabilities Act (ADA) and the Illinois Human Rights Act. Whether you are an employer seeking to ensure compliance or an employee whose rights have been violated, our firm offers the modern, knowledgeable representation necessary to achieve a fair resolution.

Understanding Your Rights and Reasonable Accommodations

The legal landscape surrounding disability in the workplace is built upon the principle of “reasonable accommodation.” Under the law, employers are generally required to provide adjustments or modifications that enable a qualified individual with a disability to perform essential job functions, provided these changes do not cause an “undue hardship” to the business.

Common accommodations include modified work schedules, the acquisition of specialized equipment, or adjustments to training materials. However, disputes often arise when the communication between the employer and employee—known as the “interactive process”—breaks down. If you feel your accommodation request has been unfairly denied or ignored, consulting a disability discrimination lawyer is the most effective way to protect your professional standing and your livelihood. Our team at O’Connor | O’Connor understands both the traditional principles of labor law and the contemporary nuances of the modern workplace, ensuring your case is handled with professional precision.

The Role of a Disability Discrimination Lawyer in Litigation

Disability discrimination isn’t always as overt as a wrongful termination. It often manifests in more subtle ways, such as being passed over for a promotion, receiving a sudden negative performance review after disclosing a medical condition, or facing a hostile work environment due to a disability.

A skilled disability discrimination attorney can help you gather the necessary evidence, ranging from medical documentation to internal communications, to build a robust case. Our firm is dedicated to representing the interests of both sides of the aisle, which gives us a unique, 360-degree perspective on how these cases are defended and won. If you are an employee facing these challenges, it is vital to partner with an experienced employment lawyer who can advocate for your dignity and rights.

Explore our dedicated resources for employees to learn more about how we protect workers’ rights in DuPage County.

Dedicated Advocacy in DuPage County, IL

At O’Connor | O’Connor, we pride ourselves on being a modern firm that values the human element of the law. If you believe you have been the victim of workplace bias or if your organization needs guidance on disability compliance, we are here to help.

Ready to discuss your situation? Contact our office today for a professional consultation with a specialized disability discrimination lawyer.

If you believe you have been discriminated against because of a disability or medical condition, or you believe that you are in need of an accommodation from an employer, it is very important to talk to an experienced employment law attorney can listen to your story and help you understand what your rights are under Illinois state and federal law. First, it is important for you to understand that many medical conditions can qualify as a “disability” under state and federal workplace laws, and the condition does not need to be obvious to the casual observer.

A medical condition does not have to be physical in order for it to be considered a disability, and psychiatric and psychological conditions may also qualify as disabilities, such as anxiety or depression. Similarly, many ongoing and chronic internal medical conditions also qualify as disabilities under the law, such as migraines, diabetes, cancer, multiple sclerosis, and arthritis. Second, it is important to know that, unlike other forms of discrimination (such as discrimination on the basis of race or gender), disability discrimination not only requires equal treatment of persons with disabilities but also requires that the employer take the affirmative step of accommodating employees with disabilities so that they are able to perform their jobs. This duty to accommodate, however, is not unlimited, and an employer’s duty only extends to the point of providing a “reasonable accommodation” that will not pose an undue hardship on the employer.

An employer does not need to provide the employee with the accommodation they specifically requested or preferred, but only with accommodation that will permit the employee to perform their job duties despite the limitations of their disability. What is considered a reasonable accommodation under the law will depend upon the size and wealth of the employer, the nature of the business or industry, and the nature of the employee’s specific job duties. Accommodations that are very expensive, require that other employees perform part of the disabled person’s job, or require a dramatic change in the workplace environment will probably not be considered “reasonable”.

More common reasonable accommodations include a more flexible work schedule, special desks or office equipment, or additional time off to address the effects of, or treatment for, the medical condition. If you suffer from a disability and you need an accommodation, there are no magic words that you need to invoke in order to obtain protection under the law. However, it is necessary that the employer be aware of your disability and your need for an accommodation, and the best way to do so is through written communication to a supervisor or human resources representative. You should also be prepared to communicate with your doctor about your employer and to have your doctor communicate with your employer to validate your medical condition and discuss accommodation options. Because doctors often times do not understand the legal nuances of disability discrimination and the requirements of accommodations, it is a very good idea to have an attorney communicate with your doctor prior to the doctor making a recommendation about accommodations. A poorly thought-out doctor’s note will oftentimes make things worse, not better.